It’s a staple scene in the entertainment industry – someone gets married, regrets it, and then quickly gets their marriage annulled. It looks simple on the screen, but is it really that straightforward in real life?
The quick answer is: unfortunately, no. In North Carolina, only certain couples will be eligible for an annulment, and it still takes time. Additionally, there are some key distinctions between an annulment and a divorce that may influence which process is best for you.
The central difference between a divorce and an annulment is that a divorce terminates a legal marriage, whereas the annulment process is used for marriages that were never valid. Contrary to popular belief, the length of the marriage is not a factor in considering whether an annulment is appropriate. Instead, the court will look to other reasons that render a marriage invalid, including incest, bigamy, and mental illness.
If you decide to pursue an annulment, it’s also important to recognize that because the marriage is considered invalid, you will not be entitled to spousal support. Getting an annulment rather than a divorce may also impact the division of property. The property that you and your partner acquired during your relationship will not be considered jointly owned marital property when you get an annulment. Rather, generally any property titled solely in the name of one partner “becomes” their separate property because there was no marriage by which it could become marital, and the other partner loses any “marital” ownership rights. However, a child’s right to financial support exists independently of the validity of a marriage. So, if you had children with your partner, a judge can still enter an order for child support.
Annulments in North Carolina can prove more difficult than the Absolute Divorce process. Therefore, the depictions of annulments in our media can be misleading – they aren’t necessarily the quick fix they appear to be. While an annulment may be the easiest option in certain circumstances, the process is often equally as lengthy (or longer) and sometimes less favorable than getting a divorce.
If you or someone you know has questions about an annulment, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
